Jan. 23, 2019 -- The Alliance is providing financial support to allow three Black residents to appeal a circuit court decision upholding ADEM rules that allow landfill

wastes to be covered with materials other than earth. These alternative materials include tarps, petroleum contaminated soil, coal ash, and automotive shredder

residue. As a result of using these alternative materials, the residents claim they are suffering exposure to offensive odors and disease-carrying insects, rodents, and

other animals and reduced property values. The basis of their appeal is language in State law that specifies that waste shall be covered daily with six inches of

compacted earth. The Alliance seeks additional contributions to support this appeal.

Feb. 14, 2019 -- In an effort to comply with EPA regulations and secure the continued receipt of millions of

dollars in grant funding from EPA, ADEM has adopted environmental discrimination grievance procedures.

These procedures are supposed to be followed when persons complain that ADEM actions have subjected

them to discrimination on the basis of race, color, national origin, or sex. Under these procedures, ADEM is

required to determine if it has jurisdiction over a complaint, and if it does, to investigate the complaint and

provide a prompt and fair resolution of the complaint.

Unfortunately, the procedures are invalid for a number of reasons. First, they were adopted by the Director

of ADEM who lacks the authority adopt "rules" and "environmental policies." Second, they were adopted

without public notice and public comment required by two statutes. And third, the Legislature did not grant

ADEM authority to consider discrimination on the baasis of race, color, national origin, or sex in any

administrative decision. Thus, the procedures cannot provide a meaningful resolution of any complaints

alleging such discrimination.

Five Black individuals residing in three different counties in Alabama have filed a lawsuit against the Director of ADEM contesting the validity of the procedures in

hopes that the Legislature will grant ADEM the authority to consider racial discrimination in its administrative decisions, that the procedures wll be subjected to public

notice and comment, and that the procedures will be adopted by the Alabama Environmental Management Commission.

The Alliance is providing financial support to enable the Black residents to seek justice. Donations to the Alliance will help pay for litigation costs.

Nov. 23, 2018 - The Alabama Department of Environmental Management (ADEM) published

notice of intent to issue a revised permit to the City of Dothan authorizing it to expand its landfill

with capacity to last another 25-40 years. This is the City's third attempt to obtain approval for

the expansion. Two earlier attempts were defeated because of public notice defects.

On December 28, 2018, David A. Ludder, representing several residents with property near the

landfill, submitted comments on the proposed landfill expansion permit. (Click image below).

Ludder explained that the population within one mile of the landfill is 89 percent Black and that

this population has suffered offensive odors and disease carrying insects and vermin from the

operation of the landfill for many years. On February 28, 2019, ADEM held a public hearing on

the proposed permit. (Click on video).

ADEM granted the requested permit on May 6, 2019 and local residents filed an appeal to the

Environmental Management Commision on June 4, 2019. (Click image to right). The Alliance

hopes to provide financial support for the appeal as well as a discrimination complaint against

ADEM to be filed with the U.S Environmental Protection Agency. Donations to the Alliance will

support these actions.